IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B.CR.MISC.BAIL APPLICATION NO.5081/2010. Khalid Vs. State of Rajasthan Date of order : July 5, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Azad Ahmed for petitioner. Shri Amit Punia, Public Prosecutor for State. ******
Heard learned counsel for petitioner and the learned Public Prosecutor for the State and perused the relevant documents placed before me.
Contention of the learned counsel for petitioner is that simultaneously three cases were lodged against the petitioner and in two of the cases, he has already been enlarged on bail by the Vacation Court vide orders dated 3/6/2010 passed in S.B. Cr.Misc.Bail Application Nos.5082/2010 and 5083/2010. He is in jail since 5/5/2010. There is no other criminal case except the three cases pending against him. He undertakes not to repeat the similar offence in future. Challan has already been filed and trial of the case is likely to take long.
Learned Public Prosecutor has opposed the bail application.
Considering the submissions made at the bar, the nature of accusation, the materials on record and all other facts and circumstances of the case, I deem it just and proper to enlarge the petitioner on bail.
In the result, this bail application u/S.439 Cr.P.C. is allowed and it is directed that petitioner Khalid @ Babla S/o Barkat Hazi shall be released on bail in FIR No.73/2010 P.S. Jyoti Nagar, District Jaipur for offence u/S.379 IPC on his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before that court on all dates of hearing until conclusion of the trial with the stipulation that he shall not repeat such offence in future and in case, he is again found committing similar offence, prosecution will be at liberty to apply for cancellation of his bail on this ground alone.
(MOHAMMAD RAFIQ), J.
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